TMI Blog2016 (10) TMI 1034X X X X Extracts X X X X X X X X Extracts X X X X ..... n the last day of period of limitation, there is no way that the notice could have been received by the assessee on the same day unless the notice was sent by hand, which is not so in the present case. The Court has further stated that in CIT vs. Vardhman Estate (P.) Ltd. (2006 (9) TMI 128 - DELHI High Court ), a notice was sent by speed post one day before the period of limitation was to expire that is, on 30/10/2002 and the contention urged by the revenue in that case was that the notice sent should be deemed to have been served on the assessee. This argument was rejected by this Court and it was made clear that what is required by the statute is not merely the dispatch or issuance of the notice but its actual service. Thus we are of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment was framed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) vide order dated 30/12/2010 and the total income was determined at ₹ 11,88,35,320/-. AO noticed from the assessee s balance-sheet that its opening cash balance of as on 01/04/2007 was ₹ 21,099/-. Though the assessee did not produce its books of account for verification, from the copies of various ledgers furnished by the assessee company in the course of assessment proceedings, various cash transactions were found to have been made by the assessee-company during the period 01/04/2007 to 1/03/2010 and on the basis of the same its cash book was cast. Aggrieved by the order of the Assessing Officer (AO), assessee carried the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, the matter was taken up with ITO, Ward-4(1), Baroda. The ITO vide its letter dated 08/02/2012 has intimated that notice was accepted by postal authorities for dispatch on 30/09/2009 and it was also mentioned by the Department that assessee-company has been changing its address frequently without intimating the change of address to the A.O. The issue has been duly recorded in para-C of the assessment order passed u/s.143(3) of the Act on 30/12/2010 and as per the Department it was clear that notice u/s.143(2) was duly serviced on the assessee through speed post within the time prescribed under the Act at the address recorded by the assessee in its return of income. Therefore, the ground taken by the assessee that the notice issued u/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
